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City Council - 09/16/2014 APPROVED MINUTES EDEN PRAIRIE CITY COUNCIL MEETING TUESDAY, SEPTEMBER 16, 2014 7:00 PM, CITY CENTER Council Chamber 8080 Mitchell Road CITY COUNCIL: Mayor Nancy Tyra-Lukens, Council Members Brad Aho, Sherry Butcher Wickstrom, Ron Case, and Kathy Nelson CITY STAFF: City Manager Rick Getschow, Public Works Director Robert Ellis, Community Development Director Janet Jeremiah, Parks and Recreation Director Jay Lotthammer, City Attorney Ric Rosow, and Council Recorder Jan Curielli I. CALL THE MEETING TO ORDER Mayor Tyra-Lukens called the meeting to order at 7:00 PM. Council Member Butcher Wickstrom was absent. II. PLEDGE OF ALLEGIANCE III. OPEN PODIUM INVITATION IV. PROCLAMATIONS/PRESENTATIONS A. DONATION FROM ELAINE SAMPSON FOR PURCHASE OF GLASS FUSING EQUIPMENT FOR THE ART CENTER(Resolution No. 2014-85) Lotthammer thanked the Sampson family for their generosity to the Art Center over the years. Elaine Sampson has recently donated $5,000 for glass fusing equipment for the Art Center. MOTION: Aho moved, seconded by Case, to adopt Resolution No. 2014-85 accepting the donation in the amount of$5,000 from Elaine Sampson for the purchase of glass fusing equipment for the Eden Prairie Art Center. Motion carried 4-0. B. DONATION FROM WARREN SAMPSON FOR GRAPHIC ARTS SERVICES FOR THE EDEN PRAIRIE PLAYERS BROCHURE (Resolution No. 2014-86) Lotthammer said Warren Sampson is donating $1,250 to purchase the services of an illustrator for the Eden Prairie Players'brochures. MOTION: Case moved, seconded by Nelson, to adopt Resolution No. 2014-86 accepting the donation in the amount of$1,250 from Warren Sampson to CITY COUNCIL MINUTES September 16, 2014 Page 2 commission a graphic artist to create illustrations for the Eden Prairie Players 2015 season brochure. Motion carried 4-0. C. DONATION FROM KIT & TY THAYER TO SUPPORT COMMUNITY CENTER PROGRAMMING FOR INDIVIDUALS WITH SPECIAL NEEDS (Resolution No. 2014-87) Lotthammer said Kit and Ty Thayer have donated $1,000 for equipment and programs at the Community Center for individuals with special needs. MOTION: Nelson moved, seconded by Case, to adopt Resolution No. 2014-87 accepting the donation in the amount of$1,000 from Kit and Ty Thayer for the purchase of equipment to support programming opportunities for individuals with special needs. Motion carried 4-0. D. ANONYMOUS DONATION FOR PURCHASE OF WIRELESS MICROPHONES FOR THE EDEN PRAIRIE PLAYERS (Resolution No. 2014-88) Lotthammer said we have received an anonymous donation of$5,000 to purchase wireless microphones for the Eden Prairie Players. MOTION: Aho moved, seconded by Nelson, to adopt Resolution No. 2014-88 accepting the donation in the amount of$5,000 from an anonymous donor for the purchase of wireless microphones. Motion carried 4-0. V. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS Getschow said Item VIILF. should be removed from the Consent Calendar and Item VIII.K. added. MOTION: Case moved, seconded by Nelson, to approve the agenda as amended. Motion carried 4-0. VI. MINUTES A. COUNCIL WORKSHOP HELD TUESDAY, SEPTEMBER 2, 2014 MOTION: Aho moved, seconded by Case, to approve the minutes of the Council workshop held Tuesday, September 2, 2014, as published. Motion carried 4-0. B. CITY COUNCIL MEETING HELD TUESDAY, SEPTEMBER 2, 2014 MOTION: Nelson moved, seconded by Case, to approve the minutes of the City Council meeting held Tuesday, September 2, 2014, as published. Motion carried 4-0. VII. REPORTS OF ADVISORY BOARDS & COMMISSIONS CITY COUNCIL MINUTES September 16, 2014 Page 3 VIII. CONSENT CALENDAR A. CLERK'S LICENSE LIST B. EDEN HEIGHTS EAST by Stewart Land Partners LLC. Second Reading of Ordinance 19-2014 for Zoning District Change from R1-22 to R1-13.5 on 1.7. Acres. Location: Southwest corner of Pioneer Trail and Eden Prairie Road (Ordinance No. 19-2014 for Zoning District Change) C. ADOPT RESOLUTION NO. 2014-89 AND APPROVE FIRST AND SECOND READINGS OF ORDINANCE 20-2014 EXTENDING TO JANUARY 21, 2015, THE SATISFACTION DATES FOR EDEN GARDEN APPROVALS D. ADOPT RESOLUTION NO. 2014-90 DECLARING COSTS TO BE ASSESSED AND ORDERING PREPARATION OF SPECIAL ASSESSMENT ROLL AND SETTING HEARING DATE E. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH SRF CONSULTING GROUP FOR DESIGN SERVICES FOR THE WEST 70Tx STREET IMPROVEMENT PROJECT F. APPROVE PROFESSIONAL SERVICES AGREEMENT WITH BLUESTEM HERITAGE GROUP TO PRODUCE INTERPRETIVE SIGNS AND KIOSK STAND FOR THE RILEY-JACOUES FARMSTEAD G. ADOPT RESOLUTION NO. 2014-91 AUTHORIZING SUBMISSION OF A HENNEPIN YOUTH SPORTS GRANT APPLICATION FOR IMPROVEMENTS TO DRY-LAND TRAINING FACILITY AT THE COMMUNITY CENTER H. AWARD CONTRACT FOR CONSTRUCTION OF ENTRANCE TO UPPER LEVEL VACANCY IN CITY CENTER TO INTEGRITY REMODELING I. APPROVE SECOND AMENDMENT TO REHABILITATION DEFERRED GRANT PROGRAM AGREEMENT BETWEEN THE CITY OF EDEN PRAIRIE AND PROP J. APPROVE CONSTRUCTION CONTRACT WITH VALLEY-RICH CO. FOR DUCK LAKE CULVERT REPLACEMENT AT DUCK LAKE TRAIL K. ADOPT RESOLUTION NO. 2014-92 IN SUPPORT OF DRISTEEM CORPORATION APPLYING TO THE JOB CREATION FUND PROGRAM MOTION: Nelson moved, seconded by Case, to approve Items A-E and G-K of the Consent Calendar. Motion carried 4-0. CITY COUNCIL MINUTES September 16, 2014 Page 4 IX. PUBLIC HEARINGS/MEETINGS A. LION'S TAP RESTAURANT by John W. Shardlow, FAICP. Request for amending the Comprehensive Municipal Plan Change from Rural Residential to Neighborhood Commercial on 0.94 acres; amending the sewer plan to extend municipal services to serve an existing business located outside of the MUSA boundary. Rescind Resolution No 2013-97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No 2013-98 (Approving PUD Concept Plan) Location: 16180 Flying Cloud Drive (Resolution No. 2014-93 for Guide Plan Change; Resolution No. 2014-94 Rescinding Resolution No. 2013-97 - Approving Guide Plan Amendment and MUSA Expansion and Resolution No. 2013-98—Approving PUD Concept Plan) Getschow said the applicant previously requested and received approval for a Comprehensive Guide Plan change from Rural Residential to Neighborhood Commercial and a Comprehensive Plan amendment to extend the MUSA boundary to include the entire 11.5 acres owned by Bert and Bonnie Notermann. City Council approval was contingent upon Metropolitan Council approval. Upon review of the application, the Metropolitan Council recommended an alternative course of action. The specific recommendation was to amend the sewer plan to provide for the extension of a sewer line to serve only the Lion's Tap site rather than to extend the MUSA boundary to include the entire Notermann property. As a result, the proponent has withdrawn the previous request and has submitted the current request. The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014 meeting. There were no comments from the audience. MOTION: Aho moved, seconded by Case, to close the public hearing, and to adopt Resolution No. 2014-93 for Guide Plan change from Rural Residential to Neighborhood Commercial on 0.94 acres and amending the sewer plan to extend municipal services to serve an existing business located outside of the MUSA boundary, and to adopt Resolution No. 2014-94 rescinding Resolution Nos. 2013- 97 (Approving Guide Plan Amendment and MUSA Expansion) and Resolution No. 2013-98 (Approving PUD Concept Plan). Nelson said she does approve of this project but asked if we have done anything to get the MUSA line extended to include all of Eden Prairie. Jeremiah said we see most of the land beyond the MUSA line as undevelopable or developable at low density because of the bluffs and other natural features. In this situation we have an existing business, and it makes sense to serve them with municipal services. She said the steep slopes protection still protects the bluffs. VOTE ON THE MOTION: Motion carried 4-0. B. MACP by Margaret A. Cargill Philanthropies. Request for Planned Unit Development Concept Review on 5.04 acres; Planned Unit Development District Review with waivers on 5.04 acres; Zoning District Amendment within the Office CITY COUNCIL MINUTES September 16, 2014 Page 5 Zoning District on 5.04 acres; Site Plan Review on 5.04 acres; Preliminary Plat of 5.04 acres into 1 lot Location: 6889 Rowland Road (Resolution No. 2014-95 for PUD Concept Review; Ordinance for PUD District Review with waivers and Zoning District Amendment; Resolution No. 2014-96 for Preliminary Plat) Getschow said the project proposes the construction of an approximate 65,000 square foot expansion of the office building. The existing structure is approximately 27,000 square feet. The project includes many sustainable features including a green roof, photovoltaic systems, a geothermal system, water capture for irrigation, solar lighting, low mow landscaping, and permeable pavers. The Margaret A. Cargill Philanthropies (MACP) is seeking LEED Platinum certification with this building. Proponent is requesting a waiver related to the maximum building height in order to construct an elevator to provide access to the penthouse and green roof and a waiver to the parking requirements because of their special parking circumstances. The Planning Commission voted 5-0 to recommend approval of the project at the August 25, 2014 meeting. Shawn Kinniry, Manager of Office and Facilities for the MACP, said the Margaret A. Cargill Philanthropies is the largest philanthropic organization in Minnesota. MACP takes their commitment to the environment very seriously. He said much of their building expansion was planned to protect the adjacent wetland and to maximize sustainable resources. Betsi Vohs, representing Gensler Architecture, gave a PowerPoint overview of the design. She said MACP is committed to stay in Eden Prairie. The existing building is a very high quality building, and the proposed expansion will match that quality. The expansion plans will position them to achieve LEED Platinum Plus status. She reviewed the sustainable features planned for the expansion. They are requesting a waiver for parking because all of the MACP employees park below ground so their surface parking requirements are minimal. She said they worked with the watershed district to manage the stormwater runoff on site through the use of permeable pavers and native landscaping. They are requesting the height waiver in order to provide elevator access to the green roof and the penthouse. Chris Nelson, representing KFI Engineers, described the geothermal well field planned for the wetland. There were no comments from the audience. MOTION: Case moved, seconded by Aho, to close the public hearing; to adopt Resolution No. 2014-95 for Planned Unit Development Concept Review on 5.04 acres; to approve 1st reading of the Ordinance for Planned Unit Development District Review with waivers and Zoning District Amendment within the Office Zoning District on 5.04 acres; to adopt Resolution No. 2014-96 for Preliminary Plat of 5.04 acres into one lot; and to direct staff to prepare a Development Agreement incorporating staff and commission recommendations and Council conditions. Motion carried 4-0. Nelson said she commended MACP for being committed to attaining LEED Platinum status. CITY COUNCIL MINUTES September 16, 2014 Page 6 X. PAYMENT OF CLAIMS MOTION: Nelson moved, seconded by Case, to approve the payment of claims as submitted. Motion was approved on a roll call vote, with Aho, Case, Nelson, and Tyra- Lukens voting "aye." XI. ORDINANCES AND RESOLUTIONS XII. PETITIONS, REQUESTS AND COMMUNICATIONS XIII. APPOINTMENTS XIV. REPORTS A. REPORTS OF COUNCIL MEMBERS B. REPORT OF CITY MANAGER C. REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR D. REPORT OF PARKS AND RECREATION DIRECTOR 1. Lease with True Friends for the Use of Camp Eden Wood Lotthammer said Camp Eden Wood partnered with the Glen Lake Sanatorium until ownership was transferred to the City of Eden Prairie in 1983. A condition of the property transfer to the City was that the property must be used for the benefit of disabled children and adults. The current lease for the property expires at the end of 2014. True Friends (formerly known as Friendship Ventures) would like to continue leasing the property to operate their camps and programs for children and adults. Staff worked with True Friends to craft the new lease which ensures all City ordinances and historic requirements are followed and ensures that the camp continues to operate in a manner that meets the requirements of the deed restrictions. The lease will run for the next 20 years with a possible ten-year extension. The lease terms have also been reviewed by the Historic Preservation Commission and the Parks, Recreation and Natural Resources Commission. Nelson asked if the lease guarantees they will continue to do camps and programs during the 20-year time period. Lotthammer said it is staff s assumption they will, and a condition of the lease states they must continue to fulfill the mission. If they were not able to meet the requirements, we would most likely entertain offers from other providers of these types of services. Case commented True Friends has done a great job of partnering with us and they do wonderful work. He asked if other similar groups might want to step up and meet the conditions of the lease in order to take advantage of the CITY COUNCIL MINUTES September 16, 2014 Page 7 $1.00 a year rent. Lotthammer said the operating expenses of the facility are quite high, so he was not sure they would be able to operate with a higher rent. Case said, since no one else is knocking on our doors, we should be thrilled they want to be in the space. Lotthammer replied we believe this is a good match, and they make the best use they can of the camp and make improvements when possible. A representative of True Friends said they are committed to their mission to serve children and plan to do that for a long time to come. He noted they have plans to enhance the facility and add to its value. MOTION: Aho moved, seconded by Case, to authorize the lease agreement with True Friends for the use of Camp Eden Wood. Motion carried 4-0. E. REPORT OF PUBLIC WORKS DIRECTOR F. REPORT OF POLICE CHIEF G. REPORT OF FIRE CHIEF H. REPORT OF CITY ATTORNEY 1. Watershed District Rules Getschow said at the September 2, 2014 meeting, Council Member Case brought up the issue of the proposed Riley Purgatory Bluff Creek (RPBC) Watershed District rules and requested that the City Attorney research the rulemaking authority of the RPBC and report back to the City Council at the next meeting. Additionally, Mr. Ellis will provide an update on the overall status of the RPBC Watershed District rulemaking process. Rosow noted the Council was provided with a copy of a legal memorandum on this subject. Rosow reviewed the authority given to watershed districts under State law. Members of the watershed districts are appointed by the county in which they are located. The RPBC Watershed District is located in two counties and has five managers. He said the purpose of his memo was to clarify the issue regarding whether they have the authority to adopt rules and, if they do, whether those rules trump the City ordinances that speak to the same issues. His conclusion was a watershed district located wholly within the metropolitan area may regulate the use and development of land in the watershed only if the local government does not have or has not implemented a properly approved local water management plan. Eden Prairie has approved and implemented a local water management plan. Case commented his understanding then would be that, if the proposed rules are passed in October, the people of Eden Prairie would not be legally CITY COUNCIL MINUTES September 16, 2014 Page 8 bound to adhere to the new rules of the watershed district. Rosow said the RPBC Watershed District has a statutory duty to enact rules. Our staff has been working hard with them to see that their rules are consistent with our rules so there are no inconsistencies between the two. Case said he has great respect for the watershed districts'role to help with water quality and with water flowing from one municipality to another. He had some concerns that they have not gotten everyone to the table and have not worked with the lake associations, so our residents are not being engaged in the process. He thought the fact that the watershed district would not be able to enforce the rules might give an incentive for them to bring in the various partners. Nelson said one thing that comes up over and over again is that City staff is working on this and asked if we have given up our rights to have our own rules because our staff is working with them. Rosow said we have made sure whatever comments we have made would not abdicate our rights. We are continuing to work with them and some issues have been resolved. Aho thought it is important that we work with the watershed district. We have a great resource in our residents who live on the lakes because they know what is going on with that water. He thought it behooves the watershed district to partner with our residents and lakes organizations. It seems we have an adversarial relationship going on and that is a bad thing. Tyra-Lukens asked if there are any of our City water management rules that are more stringent than what is being proposed by the watershed districts. Ellis said there are a number of rules so it is hard to say if any are more stringent. The RPBC rules are equal to or more stringent than those of the Nine Mile Creek Watershed District and much more stringent than those of the Lower Minnesota River Watershed District. The RPBC rule regarding enhancements to property might be a little more stringent for our residents. Tyra-Lukens said a change needs to be made if we are functioning with a set of rules that seem to be inadequate to deal with the situation. She asked if that would be a case where the watershed district would come in to work with the City to increase the stringency of our codes. Ellis said there is a lake in town that has shown improvement in water quality without stringent rules so he did not ascribe to the theory that you have to put stringent rules in place. City staff has gone through the process with the idea that, if the watershed districts put in rules, we would like to start with the Nine Mile Creek rules. We have seen RPBC's rules become more stringent than Nine Mile Creek's rules. He noted under the new RPBC rules a lot of property in Eden Prairie would be classified as high risk for erosion and we don't know what the impact of that would be. CITY COUNCIL MINUTES September 16, 2014 Page 9 Case asked where we go from here because it felt to him as though there is a window of opportunity for the City to get involved and facilitate conversations about where we need to go. We have an opportunity now to bring people to the table and to get the lakefront owners in the game. He thought they want the same thing but may be have different interpretations about what clean water is. Getschow said there are a couple of pieces of new information and we have updated comments on the proposed rules. We could elaborate on projects we have concerns with. The City Council and City staff have tried to stay connected with the lakes associations and have discussed issues with shallow lake management all the way through. We will work to come to a place where everyone can agree. Case asked that staff come back with updates on this. Getschow said they will have more information for the first or second meeting in October. Nelson said she would like more information about how the rules apply to people on creeks and next to wetlands. She asked how we would deal with a resident who wants to add a three-season porch and the City tells them it is fine to add one,but the watershed district rules say they can't add that. Getschow said right now Nine Mile or RPBC and the City work together to tell the resident what is required. We try to accommodate smaller issues involving the watershed districts here at our counters. Nelson commented Mr. Rosow just said as long as we have rules, their rules don't come in to play. Rosow replied his opinion is that as long as a resident is not asking for a variance from our rules, the watershed district's rules do not apply. If the watershed district takes a contrary position and the homeowner is put in the middle, then in some situations it may not be the individual homeowner who would bring that challenge. XV. OTHER BUSINESS XVI. ADJOURNMENT MOTION: Aho moved, seconded by Case, to adjourn the meeting. Motion carried 4-0. Mayor Tyra-Lukens adjourned the meeting at 8:09 PM.